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OF BOSNIA AND HERZEGOVINA
Reisa Dž.Čauševića 6
71000 Sarajevo
Bosnia and Herzegovina
tel: (033)
251-226
fax: (033) 561-134
e-mail: info@ccbh.ba
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| Sessions | | | 30 March 2012 - The Constitutional Court of BiH held today its 72nd plenary session of the Constitutional Court of BiH.
Inter alia, in case no. U 12/11 the Constitutional Court of BiH terminated the proceedings initiated upon a request of Bakir Izetbegovic, Member of the Presidency of Bosnia and Herzegovina, for review of the constitutionality of the Law on Cadastre of the Republika Srpska (Official Gazette of RS no. 60/11) because the challenged general act ceased to have effect.
In case no. U 15/01, the Constitutional Court of BiH granted the request of the Cantonal Court in Sarajevo, establishing that the provision of Article 39e(3) and (4) of the Law on Sale of Apartments with Occupancy Right (Official Gazette of the Federation of BiH nos. 27/97, 11/98, 22/99, 27/99, 7/00, 32/01, 61/01, 15/02, 54/04, 36/06, 45/07, 51/07, 72/08, 23/09 and 5/10), in the part relating to the establishment of compensation is not in conformity with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Constitutional Court of BiH ordered the Parliament of FBiH to bring in line the provision of Article 39e(3) and (4) of the Law on Sale of Apartments with Occupancy Right in the part relating to the establishment of compensation with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms within the period of three months after this decision is published. The unconstitutional provisions read:
A holder of rights from purchase contract who concluded a legally binding contract from Article 39, paragraph 1 of the Law, and who remained in armed forces after 14 December 1995 outside of the territory of Bosnia and Herzegovina, and who afterwards has not obtained a new occupancy right or a corresponding right, instead of being entitled to registration of the ownership right upon the conclusion of the contract, shall be entitled to the compensation from the Federation of Bosnia and Herzegovina in the amount paid in accordance with the purchase contract and increased by ‘a vista’ interest rate.
A holder of rights from a purchase contract who concluded a legally binding contract as defined by Article 39, paragraph 1 of this Law, and whose current user concluded a contract on use or purchase contract, instead of being entitled to registration of the ownership right, shall be entitled to the compensation from the Federation of Bosnia and Herzegovina determined in the manner set forth in paragraph 2 of this Article, with the exception of the holder of rights from a purchase contract as defined in paragraph 1 of this Article.
In case no. U 17/11, the Constitutional Court of BiH dismissed the request lodged by the Cantonal Court in Gorazde for review of the compatibility of Article 2, Article 7 and Article 24 of the Law on Personal Income Tax (Official Gazette of the Federation of BiH, nos. 10/08, 9/10 and 44/11) with Article I(7), Article II(1), Article II(2), Article II(3)(e)(k)(m), Article II(4) and Article II(6) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms Herzegovina, taken in conjunction with Article 6 of the European Convention and Article 1 of Protocol No. 1 to the European Convention, and Article 1 of Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
In case no. AP 133/09, the Constitutional Court of BiH granted the appeal of Mr. Nuris Selimovic, establishing a violation of Article 4(1) of Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (prohibition of double criminal trial and punishment). The Constitutional Court of BiH quashed the Judgment of the Cantonal Court in Zenica no. 004-0-Kz-08-000 240 of 10 December 2008 and referred the case back for renewed proceedings and decision-making. The Constitutional Court of BiH concluded that there occurred a violation of Article 4(1) of Protocol No. 7 to the European Convention where the nature of the offence falls within the ambit of “penal procedure” for the purposes of the aforementioned Article and where such an offence is a subject-matter of both misdemeanor proceedings and criminal proceedings conducted against the same person and arising from the identical facts or facts which are substantially the same, so that the decision establishing the liability and imposing the sanction, that had been adopted in one of the proceedings and had already acquired a binding force of res iudicata, was not an obstacle for adopting the decision against the same person in other proceedings, which were pending.
In case no. AP 5802/10, the Constitutional Court of BiH dismissed as ill-founded the appeal of Mr. Ahmed Mohamed Elfarahti Othman lodged against the decisions of the Court of BiH and the Ministry of Security of BiH in relation to the right to freedom and security of person under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The challenged acts imposed upon the appellant the measures of supervision which are carried out at the Immigration Center, as a specialized institution for admission and accommodation of aliens, with the purpose of securing the enforcement of expulsion measure under the conditions and in the procedure provided for by law. The Constitutional Court of BiH concluded that the public authorities, during the whole time of supervision measure duration, have been undertaking measures and actions for the creation of legally prescribed conditions for the enforcement of expulsion measure with the exceptional diligence.
All decisions adopted at the session shall be posted at the web page of the Constitutional Court of BiH one month following their submission to the appellants.
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